State v. Williams

380 So.3d 192

2023-506 (La.App. 3 Cir. 2/7/24)

STATE of Louisiana

v.Terri Latrelle WILLIAMS

23-506

Court of Appeal of Louisiana, Third Circuit.

February 7, 2024

APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT, PARISH OF RAPIDES, NO. 355-692, HONORABLE WILLIAM GREGORY BEARD, DISTRICT JUDGE

Hon. Phillip Terrell, Jr., District Attorney, Kenneth A. Doggett, Jr., Assistant District Attorney, Ninth Judicial District, P. O. Box 7358, Alexandria, La 71306-7358, (318) 473-6650, COUNSEL FOR APPELLEE: State of Louisiana

Paula Corley Marx, Louisiana Appellate Project, P. O. Box 82389, Lafayette, LA 70598-2389, (337) 991-9757, COUNSEL FOR DEFENDANT/APPELLANT: Terri Latrelle Williams

Court composed of Shannon J. Gremillion, Candyce G. Perret, and Gary J. Ortego, Judges.

ORTEGO, Judge.

₁Defendant, Terri Latrelle Williams, appeals her convictions for possession with the intent to distribute a schedule II controlled dangerous substance, to wit: fentanyl, in violation of La.R.S. 40:967(A)(1), and for illegal carrying of weapons with drugs, to wit: cocaine, in violation of La. R.S. 14:95(E), and her resulting sentences, For the reasons that follow, we affirm Defendant’s convictions and sentences.

PROCEDURAL HISTORY

On June 8, 2022, the State filed a bill of indictment charging Defendant, Terri Latrelle Williams, with the illegal carrying of weapons with drugs, to wit: cocaine, in violation of La.R.S. 14:95(E) and possession with the intent to distribute a schedule II controlled dangerous substance, to wit: fentanyl, in violation of La.R.S. 40:967(A)(1), On June 27, 2022, Defendant entered a plea of not guilty to both charges.

On December 14, 2022, the State filed a Notice of Intent and Request for Hearing under Louisiana Code of Evidence Article 404 to offer evidence of other crimes committed. Following a hearing on January 11, 2023, the trial court granted the State’s motion to allow the evidence to be introduced at trial.

On January 25, 2023, Defendant, through trial counsel, filed a Notice of Defense Based Upon Mental Condition Pursuant to Louisiana Code of Criminal Procedure Article 726. Thereafter, on January 27, 2023, the State filed a Motion in Limine to prevent ₂Defendant from introducing evidence based on a mental defect pursuant to Louisiana Code of Criminal Procedure Article 651, since she entered a plea of "not guilty." After a hearing on February 6, 2023, the trial court granted the State’s motion and denied Defendant’s introduction of evidence.

On February 9, 2023, a jury trial commenced. Shortly thereafter, a unanimous jury found Defendant guilty on both counts of illegal carrying of weapons with drugs and possession with the intent to distribute fentanyl.

Defendant, through counsel, filed a motion for a new trial on March 8, 2023. Following a hearing on March 13, 2023, the trial court denied Defendant’s motion.

On April 10, 2023, the trial court sentenced Defendant to seven years at hard labor without the benefit of probation, parole, or suspension of sentence for the offense of illegal carrying of weapons with drugs and twenty years at hard labor without the benefit of probation, parole, or suspension of sentence for the offense of possession with the intent to distribute fentanyl. In addition, the trial court ordered Defendant to pay a $5,000 fine for each offense and required the sentences to be served concurrently.

Defendant, through counsel, now seeks review alleging two assignments of error. Defendant contends that the evidence presented at trial was insufficient and that the trial court improperly admitted evidence of "other crimes" at trial.

FACTS

₃On March 24, 2022, the Rapides Parish Sheriff’s Office executed a search warrant at 1817 Rosalie Street in Alexandria, Louisiana, wherein Defendant, Jerry Lowe, and Gregory Harville, were present. After conducting a search of the premises and vehicles, officers located narcotics and firearms inside of Defendant’s vehicle. Defendant and co-defendant, Gregory Harville, were subsequently arrested.

ERRORS PATENT

In accordance with La.Code Crim.P. art. 920, all appeals are reviewed by this court for errors patent on the face of the record. After reviewing the record, we find no errors patent.

LAW AND DISCUSSION

We first note that there are two separate warranted searches that are relevant to this appeal For clarity, what follows is a general summary of each search.

The first search, which deals directly with the Defendant’s convictions and this appeal, took place on March 24, 2022. It involved Defendant’s vehicle, This search produced a black purse containing Defendant’s ID, one thousand one hundred and four dollars in cash, and other items. Further, the search of her vehicle produced narcotics and firearms as discussed below in evidence presented at trial.

The second search, which deals directly with evidence of Defendant’s other crimes, is more fully addressed below in Assignment of Error Number Two. This search took place in May of ₄2022 and was conducted in Defendant’s apartment where she was alone. This search produced the same black purse found in the first search, along with two digital scales and one thousand six hundred dollars in cash. Inside that purse was a cylinder containing various narcotics discussed below.

ASSIGNMENT OF ERROR NUMBER ONE

In her first assignment of error, Defendant contends the evidence presented was insufficient to convict her of illegal carrying of weapons with drugs and possession with the intent to distribute fentanyl. Given this first assigned error, we will look at a summary of the evidence presented at trial.

Evidence Presented at Trial

The State first called Detective Joseph Gross, an eleven-year Narcotics Detective for the Rapides Parish Sheriff’s Department and a Task Force Officer for the Federal Bureau of Investigation, to testify. Detective Gross stated that in May of 2022, he executed a search warrant at Defendant’s apartment on Sanders Street in Alexandria, Louisiana. Detective Gross testified that once he entered the apartment, he secured the residence and placed Defendant in handcuffs; no one else was present. Thereafter, Detective Gross said, he searched the apartment and found Defendant’s black purse on the couch with a mini cylinder container inside of it. Once opened, Detective Gross testified the cylinder contained bags of fentanyl, methamphetamine, and hydrocodone pills; the bags and pills were later processed and ₅counted at the Rapides Area Drug Enforcement Office. Detective Gross also stated he found two digital scales along with sixteen hundred dollars during his search of Defendant’s apartment. Although the evidence found during Defendant’s May arrest had no relation to Defendant’s March arrest, the matter at trial, Detective Gross noted the evidence demonstrated an ongoing distribution of narcotics.

Courtney Cecil, an expert in Forensic Chemistry, testified that while working as a forensic chemist at the Drug Enforcement Administration in Miami, Florida, she performed tests to determine the contents of the evidence provided. According to Ms. Cecil, the test results concluded evidence "IB17" weighed less than a gram and contained heroin or some other opiate and evidence, "1B19" weighed about one gram and contained hydrocodone.

Dr. Patricia Diaz, an expert in Forensic Chemistry, testified she performed an assessment on evidence "1B16," wherein she identified the substance as fentanyl with a weight of approximately four grams.

Abimael Vasquez, an expert in Forensic Chemistry, testified he worked as a forensic chemist at the Southeast Laboratory in Miami, Florida with the Drug Enforcement Administration. Mr. Vasquez testified that he tested evidence "1B18" and his analysis report indicated that the substance contained one hundred percent pure methamphetamine and weighed less than one gram.

₆The State called Detective Gross to testify again. Detective Gross stated that in March 2022, he was an operator on the Rapides Parish SWAT Team. Detective Gross testified that, at that time, Detective Taylor Coutee requested the assistance of the SWAT team in executing a search warrant at 1817 Rosalie Street. Detective Gross said when he arrived, he assisted in making entry into the residence and assisted in securing the three subjects, identified as Defendant, Gregory Harville, and Jerry Lowe. The other agents conducted a search of the premises, including the vehicle parked in the driveway. Following a search of the vehicle, Detective Gross stated Agent Coutee found two handguns, a Glock 42 .380 Caliber and a Hi-Point 9-millimeter, a black purse that contained Defendant’s driver’s license, and a green Crown Royal bag that contained suspected methamphetamine, fentanyl, and crack cocaine. Additionally, Detective Gross testified the black purse found during this search looked like the same black purse found during the May 2022 search of Defendant’s apartment.

Sergeant Latisha Gaudin of the Alexandria Police Department testified that she served as a supervisory agent for the Rapides Area Drug Enforcement, wherein she collects the money recovered as evidence in cases. Sergeant Gaudin testified that Agent Taylor Coutee brought her one thousand one hundred and four dollars ($1,104.00), eleven one hundred dollar bills and four one dollar bills. Sergeant Gaudin testified the cash is no longer in the custody of the Rapides Area Drug Enforcement; she deposited the money ₇into a bank and received a cashier’s check, which she gave to the District Attorney’s Office.

Mr. Randall Robillard, an expert in forensic chemistry, testified he performed an analysis report of the evidence submitted to him, and the results of his report indicated the substances contained methamphetamine, cocaine, and fentanyl.

Gregory Harville, co-defendant, testified Defendant was his long-term girlfriend of over ten years. Mr. Harville claimed ownership of the drugs found during the March 2022 search, admitting he purchased the drugs with the intention to sell...